Form No. 62

ORDER CONFIRMING COMPOSITION

In the District Court of the United States for the ....

.. District

In Bankruptcy.

An application for the confirmation of the composition offered by the bankrupt having been filed in court, and it appearing that the composition has been accepted by a majority in number of creditors whose claims have been allowed and of such allowed claims; and the consideration and the money required by law to be deposited, having been deposited as ordered, in such place as was designated by the judge of said court, and subject to his order; and it also appearing that it is for the best interest of the creditors; and that the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge, and that the offer and its acceptance are in good faith and have not been made or procured by any means, promises, or acts contrary to the acts of Congress relating to bankruptcy: It is therefore hereby ordered that the said composition be, and it hereby is, confirmed.

For another form adapted to a refusal to confirm and containing also directions for distribution, see Form No. 362, post. Consult § 12, generally.

Form No. 63

ORDER OF DISTRIBUTION ON COMPOSITION

UNITED STATES OF AMERICA:

In the District Court of the United States for the

District

of

IN THE MATTER OF

In Bankruptcy.

Bankrupt.

The composition offered by the above-named bankrupt in this case having been duly confirmed by the judge of said court, it is hereby ordered and decreed that the distribution of the deposit shall be made by the clerk of the court as follows, to wit: 1st, to pay the several claims which have priority; 2d, to pay the costs of proceedings; 3d, to pay, according to the terms of the composition, the several claims of general creditors which have been allowed, and appear upon a list of allowed claims, on the files in this case which list is made a part of this order.

It is thought this order should be combined with that confirming the composition. See foot-note to Form No. 62, and compare Form No. 362, post.

PART II

SUPPLEMENTARY FORMS

PREFATORY NOTE

The official forms, ante, prescribed by the Supreme Court of the United States have, in many instances, been found inadequate to the needs and methods of modern practice, and several have been held. insufficient and demurrable. Hence the necessity for these supplementary forms. They are in no sense official. Many of them are based upon the practical experience of referees and practitioners. Hagar and Alexander's Bankruptcy Forms (2d ed.) is used as a basis for compiling these supplementary forms but there are many forms herein which are not found in that work. An effort has been made to supply forms for practically every contingency that may arise in a bankruptcy proceeding, although it is recognized that, owing to the great diversity in bankruptcy practice in various parts of the United States, it is not possible to furnish a set of forms which would meet the exigencies of every case.

Through the courtesy of Messrs. Macomber & Skivington, attorneys and counsellors-at-law, Rochester, N. Y., a number of forms have been added for use in receivership proceedings. They will be found under subdivision XVI, post, at p. 2801. Such proceedings are frequently resorted to in place of bankruptcy proceedings.

The supplementary forms are arranged under a system of titles in somewhat logical sequence, following the plan adopted in Hagar and Alexander's Bankruptcy Forms (2d ed.).

They are later indexed with the official forms in the general index in Volume IV under the particular subject to which they pertain and also under the general heading "Forms."

Many special forms will also be found in the rules of the various district courts in Volume IV, post.

SUBDIVISION I

PETITION AND ADJUDICATION

(In addition to the forms listed below the practitioner should consult the following Official Forms, ante, Nos. 1, 2, 5, 6, 7, 11, 15.)

FORM No. 64. Voluntary Petition by Corporation with Resolution by Board of

Directors, 2143.

66. Voluntary Petition of Partnership, all Partners not joining, 2145. 67. Order to non-joining partner to appear and plead; service by

publication, 2148.

68. Affidavit of Pauper in Voluntary Proceedings, 2149.

[2141]

FORM No. 69. Involuntary Petition by three Creditors against Individual,

2150.

70. Involuntary Petition against a Corporation, 2163.

71. Involuntary Petition by one Creditor against a Partnership,

2166.

72. Marshal's Return thereon, 2168.

73.

General Appearance of Bankrupt or Creditor, 2169.

74. Appearance by Intervening Creditor, 2170.

75. Petition of Creditor to intervene, 2171.

76. Order Allowing Intervention, 2172.

77. Admission of Bankruptcy by a Corporation, 2174.

78. Motion to dismiss for Defects appearing on Face of Petition,

2175.

79. Order denying Motion to dismiss and Notice of Settlement,

2177.

80. General Answer of Alleged Bankrupt, 2178.

81. Answer alleging more than twelve creditors, 2181.

82. Answer of Creditor, 2183.

83. Demand for Jury Trial, 2184.

84.

Notice of Trial in Involuntary Proceeding, 2186.

85. Order extending Time to Answer, 2187.

86. Consent to withdraw Answer and for Adjudication, 2188.

87. Order of Reference to Special Master in Involuntary case, 2188.

88. Order for Adjudication and Reference, 2189.

89. Order of Adjudication by Referee, 2190.

90. Order dismissing Petition, vacating Receivership and Notice of Settlement, 2191.

91. Order referring Issues to Special Master, 2193.

92. Notice of Hearing before Special Master, 2194.

93. Report of Special Master in Involuntary Cases, 2195.

94. Exceptions to Master's Report on Issues of Bankruptcy, 2195. Order overruling Report of Special Master dismissing Petition, etc., 2196.

95.

96.

Order confirming Report of Special Master, dismissing Petition and referring Receiver's application to Special Master, 2198. Respondent's Bill of Costs and Notice of Taxation, 2200. 98. Affidavit and Order to show Cause to punish Bankrupt for Failure to file Schedules, 2201.

97.

99. Order that Bankrupt file Schedules, 2203.

100. Affidavit to Schedule of Creditors, when Bankrupt cannot be

Found, 2204.

101. Petition of Petitioning Creditors for dismissal in Involuntary Case, 2205.

102. Order to show cause on petition for dismissal in Involuntary Case, 2207.

103. Order of dismissal on petition of petitioning creditors and after notice in Involuntary Case, 2208.

104.

Order dismissing Involuntary Proceedings by consent, 2209. 105. Notice of Motion to Vacate Adjudication, 2211.

106. Petition to vacate Adjudication and dismiss Voluntary Petition

for want of Jurisdiction, 2212.